The Long and Winding Road to Stony Batter: Implied Dedication in the Torrens Title Context

Abstract

The United States and New Zealand operate under two different land transfer systems, yet the jurisprudence of both countries bear some remarkable similarities with respect to application of the principles of implied dedication. At the same time, New Zealand precedents exhibit surprising departures from some settled common law limitations applied regularly by deeds jurisdictions. This paper analyses, investigates, describes, compares and questions a recent decision of the New Zealand courts. It considers and comments on public policy regarding environmental impacts of roads; fundamental principles of the Torrens system of real property title and judicial reasoning from precedent.

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